Earlier this year, the United States Supreme Court clarified in Gross v. FBL Financial Services, that the burden of proof in age discrimination cases. So where does that leave the so-called "mixed-motive" analysis that has frankly confused many employers (and their attorneys) over the years? My colleague, Robert Mitchell, does a good job explaining the… Continue Reading
Tag Archives: fbl
Employers Get Big Win at Supreme Court and Why Employers Should Ignore It
Posted in Discrimination & HarassmentLeave it to the Supreme Court to come out with a decision on discrimination while I’m attending the ABA Presidential Summit on Diversity (which I’ll be live-tweeting and blogging from starting on Friday). So, while I’ve been tied up for most of the day, the news sites and employment law blogs have been a buzz… Continue Reading
U.S. Supreme Court Agrees To Hear Case Concerning Direct Evidence, Mixed-Motive Instructions and ADEA
Posted in Discrimination & Harassment, LitigationThe U.S. Supreme Court today agreed to hear the case of Gross v. FBL Financial Services. Inc. putting the issue of "Whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case" squarely before the court (H/T ScotusBlog). The case, arising out of a 8th… Continue Reading
